Crewdson v Director General, NSW Department of Ageing Disability and Home Care-Department of Community Services [2006] NSWIRComm 185

Industrial Relations Commission of New South Wales in Court Session

CITATION: Crewdson v Director General, NSW Department of Ageing Disability and Home Care-Department of Community Services [2006] NSWIRComm 185

APPLICANT: Mr Gerard Crewdson

FIRST RESPONDENT: Director General of NSW Department of Community Services PARTIES: Director General of Department of Ageing, Disability and Home Care

SECOND RESPONDENT: Healthquest/Central Sydney Area Health Services

THIRD RESPONDENT: Ian Knight, NSW Crown Solicitor

FILE NUMBER(S): IRC 477 of 2006

CORAM: Schmidt J; Kavanagh J; Staunton J

CATCHWORDS: Contempt - notice of motion - allegations of contempt against various respondents - respondents' motion seeking orders that proceedings be set aside or struck out - proper time for matters raised in respondents' motion - Rule 82 of the Industrial Relations Commission Rules - discretionary relief and abuse of process - scandalous material and Rule 13 of the Industrial Relations Commission Rules - respondents' motion not to be heard at this time other than in relation to scandalous material - costs reserved

LEGISLATION CITED: Industrial Relations Act 1996

Bourot v NSW Dept of Public Works and Services & Anor [2001] NSWIRComm 257 Caltex Petroleum Pty Ltd & Others v Harmer (1999) 92 IR 264 Crewdson v Director Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) [2005] NSWIRComm 426 General Steel Industries Inc v Commissioner for Railways (NSW) & Others (1964) 112 CLR 125 Hyde v Energy Australia [1999] NSWIRComm 406 (unreported, 8 September 1999) CASES CITED: Majik Markets Pty Limited v Brake and Service Centre Drummoyne Pty Limited (1991) 28 NSWLR 443 Nagle (t/as W D and J L Nagle & Sons) v Tilburg & Anor (1993) 51 IR 8 Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 R v Dunbabin; ex parte Williams (1935) 53 CLR 434 Taudevin v Egis Consulting Australia Pty Ltd and Anor (2000) 97 IR 165 Voth v Manildra Flour Mills Pty Ltd & Anor (1990) 171 CLR 538 Western Sydney Area Health Service v Gibson (2001) 109 IR 359